Breaking and Entering Law Kentucky
Every state in the United States is characterized by its own breaking and entering law. These laws define offenses such as attempted burglary, trespass, home invasion, and burglary. Also, punishments can vary based on the crime’s circumstances as explained here:
Burglary In The State Of Kentucky
Burglary in the Kentucky state has been described as purposely entering into a real property such as a structure or a building without having the permission to do so. It also refers to staying on the property although the privilege of the entrant has ended and there was an intention to commit any criminal offense therein.
In case an accused has to be held guilty of burglary, the prosecution should prove both the elements beyond the doubt. It means that the onus is on the prosecution to establish that the accused actually had an intention to commit a theft or an assault (felony) in a building where he/she entered without authority. However, if the prosecution fails to prove both these elements in the court, the accused could be convicted for other offenses such as attempted burglary or trespass instead of burglary in the state of Kentucky.
Thus, to convict an accused with a burglary charge, the following elements should be proved at a state court.
- Entering into a building unlawfully
- The entry is made with the intention of committing a criminal offense
Kentucky Home Invasion
According to breaking and entering laws, the home invasion in the state of Kentucky is included within the same law as an act of burglary. Instead, it is a specific term used for an act of burglary, which takes place in a home. As such, the offense of home invasion comprises of the same criminal intent and entry elements as that of burglary. The punishment is also the same as that of a burglary based on the crime’s underlying offenses.
Criminal Trespass In The State Of Kentucky
According to Kentucky breaking and entering law, trespass needs that an accused had purposefully entered into a property without the required permission. Also, as trespass takes place on the property of someone else that can also include land, the offense is wider in scope than burglary that takes place only upon an unlawful entry into a building. However, simply remaining or entering on unimproved or unused land, which without a fence or enclosed by other means is not a crime unless the landowner or an authorized person communicates a personal notice to that effect.
Punishment for Breaking and Entering in Kentucky
According to Kentucky law, burglaries are classified into three different degrees or categories based on how severe the prevailing circumstances are. The punishments are applicable based on how severe the criminal offense is.
- First-degree burglary: It is considered as a Class B felony in the state and comprises intentionally remaining or entering illegally in a building or other structure such as an aircraft or a vehicle having the intention of committing a criminal offense there. Also, while committing the offense, the accused had a deadly or explosive weapon and caused bodily injury to someone else, or threatened/warned to use any deadly instrument to cause injury to another person.
- Second-degree burglary: The state regards it as a Class C felony and refers to intentionally e remaining or entering illegally in a dwelling that is used for lodgings like an apartment or a house.
- Third-degree burglary: It is a Class D felony in the state of Kentucky and includes purposely remaining or entering illegally in a building, which is not included in the state’s 1st – or 2nd-degree burglary.
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